Homeowner Handbook › When life gets complicated › Selling during a divorce
Part 3 · When life gets complicated
Selling a Home During a Divorce in Hillsborough County
By Linda Reynolds · Last reviewed November 2026
In this chapter
How Florida treats the home · Your three options · If you decide to sell · In the meantime · Help in Hillsborough County
The short version
In a Florida divorce, a home bought during the marriage is usually part of what gets divided, and most couples either sell it, have one spouse buy out the other, or keep owning it together for a set time. Your family law attorney guides the property division. A clear, honest picture of what the home is worth and what a sale would look like helps you both make that decision with real numbers instead of guesses.
How Florida treats the home
Florida divides marital property through equitable distribution. The starting point is an equal split, but a judge can divide things differently when there’s a reason to under the law. A home bought during the marriage is generally treated as marital property, no matter whose name is on the deed. What usually gets divided is the net equity: what the home would sell for, minus the mortgage and other debts against it.
The date used to value the home matters too. Florida law lets the judge pick the date that’s fair under the circumstances, which could be the date you separated, the date the case was filed, or the date of trial. In a market where prices have moved, that choice can change the numbers in a real way.
Homes owned before the marriage, or received as an inheritance or gift, can be treated differently, especially if marital money went into the mortgage or improvements. These are exactly the questions to bring to your attorney.
Your three options for the home
Sell and split the proceeds
The home is listed, the mortgage and sale costs are paid at closing, and what’s left is divided under your settlement or court order. It turns a shared asset into something that can actually be split, and gives both of you a clean break.
One spouse buys out the other
The spouse keeping the home usually refinances into their name alone and pays the other their share of the equity. Qualifying on one income is the big question, so talk with a lender early rather than assuming it will work.
Keep owning it together for a while
Less common, but some couples agree to hold the home for a set period and sell later. This only works with a clear written agreement on who pays the mortgage, taxes, insurance, dues, and repairs, and when and how the sale will happen.
None of these is automatically the right one. It depends on your incomes, your timeline, whether a clean break now or a little more time matters more, and what your attorney advises for your settlement.
If you decide to sell
Start with a shared, neutral value. A market analysis or appraisal you can both look at takes a lot of the tension out of the conversation. Agreeing on the facts first makes the next decisions easier.
Agree on how decisions get made. List price, repairs, showings, and offers usually need both owners to sign off. Deciding up front how you’ll communicate (directly, through email, or through your attorneys) keeps things moving.
Line up the timing with your case. Your attorney can tell you whether the sale should close before or after the final judgment, and how the proceeds will be held and divided.
Plan the prep together. Agree on which repairs or updates are worth doing, who pays for them, and how that cost is credited at closing.
Check the association rules. If the home is in an HOA, condo, or 55+ community, ask about any buyer approval steps and resale paperwork early so they don’t hold up closing.
In the meantime: protect the home’s value
- Keep the mortgage current. Missed payments hurt both owners’ credit and shrink the equity you’re dividing. If paying it has become hard, the handbook’s behind on your mortgage chapter walks through the options.
- Keep insurance in force. Make sure the policy stays active and the insurer knows if one owner has moved out or the home will be empty.
- Keep up basic care. Lawn, A/C, and small repairs. In our climate, a home left closed up without air conditioning can develop moisture problems quickly.
- Keep records. Save receipts for mortgage payments, repairs, and other costs after separation. Your attorney may need them.
- Ask about taxes. Homestead status and the tax treatment of a sale can both be affected by a divorce. Check with a tax professional, and contact the Hillsborough County Property Appraiser if ownership or residency changes.
Help in Hillsborough County
For a home in Sun City Center, Ruskin, Apollo Beach, or Wimauma, divorce cases are handled by the family law division of the Thirteenth Judicial Circuit, with filings through the Hillsborough County Clerk of Court & Comptroller.
- The Clerk’s Divorce and Annulment page covers forms and filing basics.
- Bay Area Legal Services runs the free Legal Information Center for people handling a Hillsborough County family law case on their own. It offers information about forms and the process, not legal advice.
- To find a family law attorney, The Florida Bar’s Lawyer Referral Service is a good place to start.
Every divorce is different, and property division is a legal question. A Florida family law attorney is the right person to advise you on your rights and your settlement.
Where I can help
I stay on the real estate side: what the home is likely worth today, what it would take to get it ready, and a realistic timeline for a sale. I’m glad to talk with one or both of you, and you don’t need to have made any final decisions first. No judgment, just options.
Have a question about your situation?
Let’s talk it through, confidentially. No pressure, just clear answers.
Keep reading
Sources: Florida Statutes § 61.075 (equitable distribution) · Hillsborough County Clerk of Court · Bay Area Legal Services
Equal Housing Opportunity. This handbook offers general information, not legal, tax, or financial advice. Please talk with a Florida family law attorney and a tax professional about your specific situation.